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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIRINDER AGGARWAL
Haryana State Through Collector, Hisar – Appellant
Versus
Raja Ram – Respondent
JUDGMENT :
Virinder Aggarwal, J.
This common judgment is being rendered in exercise of the powers conferred under Section 41 of the Punjab Courts Act, 1918, to govern and dispose of the captioned Regular Second Appeals (hereinafter referred to as "RSAs"). All the present appeals arise out of common judgments and decrees passed by the Courts below, and they pertain to the same set of transactions, involving identical questions of law and fact.
1.1. In view of the admitted commonality of issues, the identity of the parties across the connected matters, and the concurrence expressed by the learned counsel appearing on both sides, it is deemed appropriate, in the interest of judicial economy and consistency in adjudication, to decide these appeals collectively by way of a single, composite judgment. Such a course, sanctioned by Section 41 of the Punjab Courts Act, serves the dual purpose of ensuring uniformity in legal interpretation and avoiding the risk of conflicting or divergent findings arising from substantially the same factual and legal matrix.
2. At the joint request of the learned counsel representing the parties, the factual matrix for the purpose of this common judgment is bein
Second appeals in Punjab are treated under Section 41 of the Punjab Courts Act, 1918, limiting the scope of judicial review to legal infirmities without framing substantial questions of law.
The Regular Second Appeal in Punjab and Haryana is governed by Section 41 of the Punjab Courts Act, 1918, not Section 100 of the CPC, reaffirming the binding nature of prior judgments on possession.
Jurisdiction of civil courts extends to rectification of erroneous revenue entries reflecting ownership contrary to established decrees.
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